Bagheri v. State

In Bagheri v. State, 119 S.W.3d 755, 2003 Tex (2003), the Fourth Court of Appeals held that it was impossible to determine which theory of intoxication the jury relied on when a general verdict was returned. The Court granted the State's petition for discretionary review in Bagheri to review the finding of harm. In Bagheri, the Court affirmed the Court of Appeals' finding of harm because we could not say with fair assurance that the erroneous retrograde extrapolation testimony did not influence the jury. When the Court of Appeals performed the harm analysis in Mata, it did not have the benefit of this Court's opinion in Bagheri.